It doesn't matter what hell or lawyers you sic on him. If your lifestyles are materially different due to an earning difference, then yes, you could be on the hook for support. And if you make it messy, you will likely have to pay both sides attorneys fees. That's what happened to my friend (pp here). |
It sounds like OP has primary custody. There would have to be a massive differential in earnings for him to owe her money and he would have to be providing the insurance for her to owe him money. |
The new wife brought children from a previous marriage. Not that we care, but it appears she does not receive child support for them. Then, did your EX DH have more children with her? You did the right thing by not engaging with the new wife and her vicious emails. Think how pleasant that house is. It seems obvious that their life in crumbling. Try to stay out of the fray. |
From what I know, the father is out of the picture and there's no child support there. They have a child together, that's when she decided to stay home. Now the child is at school and she's still home. ex-DH is fully aware of what's going on. He tried suggesting that DS "suck it up, we are all a family" but I chewed him out. I also found out from ex-ILs that allegedly the stepmom suggested years ago he sue ME for alimony because I had a good and stable job and "it's just not fair to everyone. She has 1 kid and WE have 3." He squashed that idea. I did offer him to drop CS altogether if he's struggling. He said "I'll take it under consideration", meaning he will discuss it with his wife. I've already called my lawyers to be prepared. I am not taking any chances, I will not be taken advantage of. |
Be careful there, OP. That's exactly how my friend ended up paying her ex child support. The point of child support is to keep the child in a consistent living standard between the parents to the extent the other parent is deemed to have the means to do so (which is based upon a calculator). I don't know your financial picture, OP, but if you are doing as well as you say, I would not be surprised if you find yourself making payments to your ex to support your son while he's in your ex's care. My friend was shocked when her ex sought a modification of the parenting agreement (she was getting a small amount of support). Her ex only wanted to end the support. The judge looked at the finances and realized he was entitled to support, asked him if he wanted it (he did) and boom done. She pays about 500 bucks a month for the privilege. Oh and she tried to fight it through lawyers. Didn't work. 5K in fees and she ended up having to pay his attorney's fees too (another 3K). |
Agreed, OP, you sound like a loose cannon. Regardless of whether step-mom stays home or not, you may be on the hook for child support based on your high salary. So cool down. You sound enormously judgmental about her being a SAHM. Does she have the same education level as you do and the same high-salary prospects? They have three kids and you only have one, so their life is much more complicated than yours is in terms of pickups, activities, etc. Many families make the choice to have a parent stay home because the small salary they would draw would not make up for child care, summer camps, etc. |
If he is working, he isn't going to get alimony. She sounds nuts but you've got to work around her. My husband's ex took him to court right after we got married for an increase in alimony and child support based off of the household income (i.e. mine). The judge removed all but one of the kids from child support as both were over 18 and it should have stopped and removed her from allimony as it was scheduled to end a few years before. So, they increased for one kid but it was far less than what he had voluntarily continued to give her to be decent. Its all by formulas. I would not let him drop CS. If you don't need the money put it in a college fund. |
Her ex is an ass, but child support is his responsibility. I would stop with the gifts too and make sure that your son knows not to discuss your trips with his siblings during visits. |
OP, did your ex leave you for this woman? |
No, we were divorced for almost 2 years when he met her. She wasn't "the other woman." |
It's not the alimony that's the issue; it's the OP's big mouth could open her up to paying child support if her ex wises up and figures out that she is making way more than him. If it's a wash, then it's a wash, but I don't know her finances beyond her bragging about how much more money she has than her ex (which is weird frankly). |
NP here but it sounds like they make significantly more because OP has a dual income household. They started off in similar careers so I doubt her salary skyrocketed that much higher than his. However, it's easy to have a lot more money available when you have two incomes vs. one. |
No, it's not weird. She only has 1 child to support on one income. The child, I assume, goes to a public school so she doesn't have to cash out for daycare and private school. He, on the other hand, has 3 kids in his 2nd marriage to support full-time, plus his child from his first marriage. He's spread thin and the OP isn't. Also, we don't know if the OP is from a rich family herself or has a trust fund. I too have 1 child and a solid job but I certainly can't afford a lot of luxuries. |
PP, he doesn't *have* to support three kids full-time. He isn't supposed to support other people's kids at all. He isn't spread thin. He spread himself thin. He doesn't get to be a victim, and he doesn't get to escape his responsibility to his child because he decided to support two others. |
How do you propose he do that? "I will only buy clothes and food for my natural kids and not yours?" |